M.R. Prof. Conduct 7.2-A

These aspirational goals are intended to provide suggested objectives

that all lawyers who engage in advertising their services should be

encouraged to achieve in order that lawyer advertising may be more effective

and reflect the professionalism of the legal community.

(a) A lawyer should ensure that any advertising that the lawyer

communicates or causes to be communicated by publication,

broadcast, or other media is informative to potential clients, is

presented in an understandable and dignified fashion, and accurately

portrays the serious purpose of legal services and our judicial

system. When advertising, though not false or misleading,

degenerates into undignified and unprofessional presentations, the

public is not served, the reputation of the lawyer who advertises may

suffer, and the public’s confidence in the legal profession and the

judicial system may be harmed. Lawyers who advertise should

recognize their obligation to advance the public’s confidence in the

legal profession and our system of justice. In furtherance of these

goals, lawyers who advertise should:

(1) avoid statements, claims, or comparisons that cannot be

objectively substantiated;

(2) avoid representations that demean opposing parties, opposing

lawyers, the judiciary, or others involved in the legal process;

(3) avoid crass representations or dramatizations, hawkish

spokespersons, slapstick routines, outlandish settings, unduly

dramatic music, sensational sound effects, and unseemly

slogans that undermine the serious purpose of legal services

and the judicial system;

(4) avoid representations to potential clients that suggest

promises of results or will create unjustified expectations such

as “guaranteed results” or “we get top dollar awards”;

(5) clearly identify the use of professional actors or other

spokespersons who may not be providing the legal services

advertised unless it is readily apparent from the context of the

advertisement that the actor or spokesperson does not provide

the advertised legal services (e.g., a radio advertisement in

which the speaker does not purport to be the lawyer or a

member of the firm);

(6) avoid the use of simulated scenes, actors who portray lawyers,

clients or participants in the judicial system, and

dramatizations unless they are clearly identified as such;

(7) avoid representations that suggest that the ingenuity or prior

record of a lawyer, rather than the merits of the claim, are the

principal factors likely to determine the outcome of the

representation; and

(8) avoid representations designed to appeal to greed, exploit the

fears of potential clients, or promote a suggestion of violence.

(b) The responsibilities set forth in this Rule are aspirational and not

to be enforced through disciplinary process.